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TEXAS DEPT. OF PUBLIC SAFETY v. DEAR

No. 03-98-00503-CV.

999 S.W.2d 148 (1999)

TEXAS DEPARTMENT OF PUBLIC SAFETY, Appellant, v. Bobby DEAR, Appellee.

Court of Appeals of Texas, Austin.

August 12, 1999.

Attorney(s) appearing for the Case

Kevin M. Givens, Texas Dept. of Public Safety, Supervising Atty., ALR Appeals, Austin, Timothy M. Flathers, Midland, for Appellant.

Galen A. Moeller, San Angelo, for Appellee.

Before Justices JONES, B.A. SMITH and YEAKEL.

J. WOODFIN JONES, Justice.

Appellant Texas Department of Public Safety ("Department") appeals from a summary judgment reversing an administrative suspension of appellee Bobby Dear's driver's license. An administrative law judge ("ALJ") had previously upheld the suspension based on Dear's refusal to submit to a breath test after being stopped for driving while intoxicated. On appeal to the County Court at Law No. 2 of Tom Green County, Dear moved for summary judgment...

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